P17

Prosecutor vs. Bilbo Baggins

February 2018

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 TABLE OF CONTENTS

I. Index of Authorities 3
II. Statement of Facts 4-8
III. Pleadings
 THE INTERNATIONAL CRIMINAL COURT
HAS JURISDICTION OVER THE INSTANT
CASE 10
 GENERAL BAGGINS SHOULD BE TRIED
FOR THE CHARGE UNDER ARTICLES
8(2)(c) (i) , 8(2)(e)(iv) and 7(1)(k). 11
 THE DISRUPTION OF THE POWER SERVICES
WAS DUE TO A WELL-PLANNED CYBER OPERATION 12
 THE NATURE OF THE ATTACK COMMITTED WAS
NOT DIRECTED TOWARDS MILITARY OBJECTIVES 12
 THE ATTACK WAS CARRIED OUT WITHOUT
TAKING NECESSARRY PRECAUTIONS TO
SPARE CIVILIAN POPULATION 12
 GENERAL BAGGINS SHALL BE LIABLE FOR THE
COMMISSION OF THE CRIME 13
 THE ELDERS WERE ALSO CIVILIANS 14
 THE DEFENDANT IS LIABLE UNDER ARTICLE 25(3)(b) 15
 ARTICLE 8 (2)(B)(XIX) PROHIBITION IN THE
EMPLOYMENT OF BULLETS THAT EXPAND
OR FLATTEN EASILY IN THE HUMAN BODY 16
 THE DEFENDANT ORDERED THE ATTACKS AND
FACILITATED THE CRIMES THROUGH THE
EMPLOYMENT OF EXPANDING BULLETS TO THE
COUNCIL OF ELDERS AND SOME CIVILIANS
UNDER ARTICLE 25(3)(C) 17

IV. Prayer for Relief 18

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 INDEX OF AUTHORITIES

a. Prosecutor v. Bosco Ntaganda(2014) ICC-01/04-02/06, ¶46

b. Protocol Additional to the Geneva Conventions Article 48 ,¶1
c. Prosecutor vs Tihomir Blaskic (2000) IT-95-14-A, ¶180
d. 1 Rome Statute of the ICC, Article 25(3)(d)
e. Prosecutor v Galic (2003), IT-98-29-T, ¶47; Article 50 of Additional Protocol 1
f. 15 Ibid ¶48
g. 16 Additional Protocol I, Article 50(I)
h. Rome Statue Article 8(2)(b)(xix)
i. 1949 Geneva Convention
j. Rome Statue Article 25(3)(C)

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 STATEMENT OF FACTS

1. The United Federation of Gondor,governed by a federal parliamentary system and comprises

seven federated states.Its government is headed by a Prime Minister while each state has its own
assembly and an executive lead by a First Minister.

2. The state of Umber on the northern part of the country, with a population of some 10 million
inhabitants, is a state quite distinct socially, economically and culturally from the rest of the
country. It is separated from the rest of Gondor by a mountain range. Winterfell as Umber’s main
city and has a population of 5 million and is located some 100 kilometres from the Umber/Gondor
border. Beyond Gondor’s eastern border lies the neighbouring country, Mordor.

3. Umber politics, society and culture is largely influenced by the “Council of Elders”. The
Council comprises a select group of highly respected senior men and women who are regarded as
the custodians of Umber history and culture. Their advice is sought on all key issues and policies,
and Umberians view them as the true leaders of their community.

4. General Bilbo Baggins as Chief of Defence Staff who is advised and assisted by the National
Security Council handles external and internal security issues. General Baggins is a career army
officer whoserved in the GAF for more than thirty years. He is a specialist in electronic warfare.

5. In his intenton to modernize GAF General Baggins under her direction,Gondor entered into a
military cooperation agreement with Rohan, a close ally of Gondor. It was an agreement provided
for the furnishing of weapons, unmanned air vehicles (UAV), air surveillance equipment and
training, at preferential conditions. General Baggins appeared very eager to acquire such
technology and expertise in the field of information technology from Rohan, in particular in
relation the use of cyber means in military operations. In an undisclosed addendum to the
agreement, Rohan also agreed to equip Gondor’s Armed Forces with a newly developed modular
pistol which enabled the use of various kinds of ammunition, including “ball ammunition” full
metal jacket bullets and “special purpose ammunition” hollow-point bullets), within the next two
years.

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6. On 20 March 2012, Umber’s Assembly declared that Umber was seceding from Gondor and called
for negotiations with the federal government on the conditions of the secession. This caused the
federal government the sift reaction, declaring state of emergency and imposed martial law in
Umber. Aside from this the government sent 10,000 troops into Umber to control the
situation. Simultaneous to dissolution of the Umber State Assembly warrants were issued for
the arrest of the six members of the Council of Elders, accusing them of treason and of conspiring
with foreign organiations to over throw the democratically elected government of Gondor. By
June 2012, the situation had turned into a full-fledged civil war.

7. However, a United Nations Security Council Resolution called on both parties to agree on a cease-
fire. Gondor responded by calling Umber actions ‘acts of terrorism carried out by terrorists’. But
through an interview the Gondor Prime Minister sitting alongside General Baggins said “Gondor
does not negotiate with terrorists”.

8. Gondor with Rohan’s air support, launched ground attacks to regain control over Umber.
Technical equipment, technical and strategic advice, supply and surveillance aircraft along with
the sale of superseded fighter aircraft were provided by Rohan.

9. The “Elders’ became the subject of GAF INTELCOM as ordered by General Baggins. As a result,
Council of Elders and ten families was reportedly seen in the same apartment building. Amidst
this, General Baggins ordered a strike on the building . Missiles from unmanned aerial vehicle
were launched causing three members of the Council of Elron, ten adults and a child whi were
residents of the building.

10. In Colmer, on Friday, 5 October, a city-wide power failure occurred at around 15:00 hours (3 pm)
at the start of evening peak hour. The outage affected all public services, including traffic control
systems, hospitals and medical transport services, and the operation of the water treatment and
distribution system. The network failure was attributed to a well-planned cyber-operation that
temporarily disabled the operation of the Supervisory Control and Data Acquisition (SCADA)

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 computer systems controlling the city electric grid. In a simultaneous cyber operation, the central
archive of the General Hospital was hacked and a large part of the medical records were corrupted.
Taking advantage of the chaos caused by the outage, on 6 October at 04:00 hours (4 am), following
the orders of General Baggins, the GAF launched a military offensive preceded at 03:55 hours
(3.55 am) by the deployment of a small electromagnetic pulse weapon over the armed forces
defending the outskirts of East Colmer. The purpose was to disrupt electronic circuits in weapons,
armoured vehicles, missile defence systems and other military computer systems being used by
forward elements of the Umber forces entrenched outside Colmer.

11. Electric power was only partially re-established some 72 hours after the initial outage. Forensic
analysis pointed to Rohan’s Ministry of Defence Information Technology Center, known to have
close cooperation with INTELCOM. Despite this, the attack on the central archive of the General
Hospital was claimed by a group self-styled as the “Fighting Terrorist Networks
Company” FTN Company . The FTN Company claimed to be upholding Gondor’s
integrity and supporting the Gondor government’s fight against terrorist networks. It was
suspected that the FTN Company was on the payroll of the Minister of Defence and Security, or
that the information and codes allowing unauthorized VPN access to the General Hospital network
had been provided by agents of the Ministry of Defence and Security.

12. The Ministry of Defence and Security, through General Baggins’s spokesperson, denied any
direct involvement in the planning of the cyber-operations. However, information leaked by an
anonymous source at INTELCOM one month later showed that money transfers by the Ministry
of Defence and Security to the FTN Company had been taking place for more than a year. General
Baggins later declared that she supported the Government’s decision to forego any criminal
investigation: “We are living in dangerous times. The priority for the Government should be the
fight against the terrorist networks that are threatening our country. All our energy should be
focused on containing and eliminating that threat.”

13. With a view to strengthen their control over East Colmer, GAF units started to comb the area to
track down pockets of resistance. Within a few days, hundreds of people were arrested,
interrogated and detained. On 11 October, a GAF unit stormed a two-storey building sheltering a

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 group of some twelve NF militants. Overcoming fierce resistance, the GAF patrol unit succeeded
in taking over the building and neutralising the militants. During the assault, six militants were
killed and four seriously injured. Three civilians caught in the cross fire were also injured.
Forensic reports on the cause of death of the six militants killed indicated that they had been
wounded by firearms using expanding bullets. No information was released on the fate of the four
militants allegedly injured. The hospital treating the three civilians, through its spokesperson,
confirmed that that one of the civilian – who later died of his injuries – had also been wounded by
expanding bullets.

14. On 13 October, the Gondor government announced that the GAF had secured East Colmer and
although fighting had ground to a halt many “terrorists” had been killed or captured.

15. On 15 November, the International Emergency Medics Association (IEMA) published a

report compiling the number of wounded and sick who had been admitted and treated at the
Colmer General Hospital since 1 October 2012. Two findings were particularly highlighted in the
IEMA statement announcing the publication: (1) According to hospital records, 150 deaths during
the month of October 2012 were attributable to the disruption of medical care and transport
services caused by the power outage and the inaccessibility of medical records, which blocked,
hindered or delayed the treatment and care of patients; (2) More than 75% of firearm deaths and
injuries were caused by the use of expanding and fragmenting ammunition – which is not only
more likely to cause the instant death of the person hit, but also makes the treatment of wounds
difficult and less likely to succeed.

16. When questioned about the use of hollow point ammunition, the Ministry of Defence and Security
stated that it had reviewed the use of “special purpose ammunition” and determined that the
Armed Forces could use various kinds, including hollow point bullets. The Ministry’s
spokesperson added that “there s a myth that expanding or fragmenting bullets are prohibited on
the battlefield, but that doesn't make any sense now in the current conflicts with terrorists”. He
went on to say that “while the 1899 Hague Convention prohibited the use of expanding bullets
internationally, very few states have signed it and Gondor is not one of them.” He added: “Law

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 enforcement agencies use hollow points all over the world, so if it doesn’t violate the human rights
standards that apply these days, why are we applying those standards on the battlefield? In fact,
there are actually humanitarian benefits from the use of this type of ammunition, and its use
supports the international law principles of preventing excessive collateral effects and
safeguarding civilian lives.”

17. By the start of 2013, discussions were initiated to resolve the political situation. The rising
sympathy for Umber was caused was caused by the deaths of members of the Council of Elron
and the calling into question by national media as well as by some members of the Federal
Assembly of the benefits of the TIA with Rohan (which was seen as shadowy and for which
General Baggins was highly criticized).

18. After months of negotiations a settlement was reached whereby Umber achieved limited
autonomy, and the TIA with Rohan was rescinded. The Gondor Government also agreed to drop
all charges brought against surviving members of the Council of Elron.

19. During the months of June and July 2013 international news agencies reported that the Prosecutor
at the International Criminal Court (ICC) was investigating the civil war in Gondor. On 17
November 2013, an indictment was issued naming General Baggins who at that time was traveling
overseas. Before General Baggins could return to Gondor, she was arrested by a foreign
government and transferred to the International Criminal Court.

20. The Gondor Government lodged a challenge to admissibility pursuant to Article 19 of the
ICC Statute (on the basis of complementarity).

21. The Pre-trial Chamber I of the ICC issued an order pursuant to rule 58 of the Rules of Procedure
and Evidence so that the challenge to admissibility could be heard at the confirmation of charges
hearing. At this hearing, Trial Chamber I is going to decide whether to confirm the following three
charges put forward by the Prosecutor.

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SUMMARY OF THE PLEADINGS

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 PLEADINGS
PRELIMINARY MATTERS

THE INTERNATIONAL CRIMINAL COURT

HAS JURISDICTION OVER THE INSTANT
CASE

1.

“2. For the purpose of this Statute, "war crimes" means:

xxx

(e) Other serious violations of the laws and customs applicable

in armed conflicts not of an international character, within the
established framework of international law, namely, any of the
following acts:

xxx

(ix) Killing or wounding treacherously a combatant adversary;”

The act of General Baggins as the Chief of Defence Staff of United Federation of Gondor, in
ordering the strike on an apartment building despite knowledge that aside from the Elders whom
they considered as enemies, there were civilians (10 families) occupying therein by launching
missiles from unmanned aerial vehicle thereby killing some of elders and civilians. The use of the
missiles was uncalled for or unnecessary for the situation to overcome unarmed men that resulted
into an inhuman devastation or killing of innocent men, which constitutes serious violations of the
laws and customs applicable in armed conflicts as cited under the above quoted provision which
is considered as war crimes.

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 COUNT ONE
GENERAL BAGGINS SHOULD BE TRIED FOR THE CHARGE UNDER ARTICLES
8(2)(c) (i) , 8(2)(e)(iv) and 7(1)(k).

2. With respect to the attack on the power grid in the City of Colmer between the 5th and 11th of
October 2012, substantial grounds exist to establish that war crimes were committed and for
which General Baggins should be held criminally responsible under Article 25(3)(d).

THE DISRUPTION OF THE POWER SERVICES WAS DUE TO A WELL PLANNED

CYBER OPERATION.

3. For the war crimes under 8(2)(c) (i) and 8(2)(e)(iv), It is necessary that the perpetrator directed
an attack. In characterizing a certain conduct as an attack, what matter is the consequences of
the act, and particularly whether injury, death, damage or destruction are intended or
foreseeable consequences thereof. The death, damages and destruction caused by the power
interruption qualifies the act of sabotaging the SCADA computer systems as an attack.

____________________________________________________________________________
Fact ¶20
2 Fact ¶23
3 Fact ¶25
4 Prosecutor v. Bosco Ntaganda(2014) ICC-01/04-02/06, ¶46
5 Protocol Additional to the Geneva Conventions Article 48 ,¶1

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THE NATURE OF THE ATTACK COMMITTED WAS NOT DIRECTED TOWARDS
MILITARY OBJECTIVES.
4. In order to ensure respect for and protection of the civilian population and civilian objects,
the parties of the conflict shall at all times distinguish between civilian objects and military
objectives and accordingly shall direct their operations only against military objectives. The
electric grids nor the general hospital which were the objects of the cyber attack were not
military objectives.

THE ATTACK WAS CARRIED OUT WITHOUT TAKING NECESSARY

PRECAUTIONS TO SPARE CIVILIAN POPULATION.

1. Prohibited attacks are those launched deliberately against civilians or civilian objects in the
course of an armed conflict and are not justified by military necessity. They must have caused
deaths or serious bodily injuries within the civilian population. But the cyber attack was done
arbitrarily without concern as to the expected loss of civilian life or injury to civilians as
evidenced by the report published by the International Emergency Media Association (IEMA)
that 150 deaths were attributable to the disruption of medical care and transport services
caused by the power outage and the inaccessibility of medical records, which blocked,
hindered or delayed the treatment and care of patients.

____________________________________________________________________________

6 Fact ¶20
7 Fact ¶21
8 Fact ¶23
9 Fact ¶25
0 Prosecutor vs Tihomir Blaskic (2000) IT-95-14-A, ¶180
1 Rome Statute of the ICC, Article 25(3)(d)

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GENERAL BAGGINS SHALL BE LIABLE FOR THE COMMISSION OF THE CRIME.

2. Under Article 25(3)(d) of the Rome statute of the International Criminal Court ,a person shall
be criminally responsible and liable for punishment for a crime within the jurisdiction of the
Court if that person In any other way contributes to the commission or attempted commission
of such a crime by a group of persons acting with a common purpose. Fighting Terrorist
Networks “FTN” Company which claimed responsibility for the attack on the central archive
of the General Hospital was supposedly being financed by the Ministry of Defence and
Security. Such allegation was confirmed by evidences involving money transfers between the
Ministry of Defence and the FTN Company. General Baggins being the head of the ministry
must have the knowledge or consented to those transactions. Those actions can be considered
as contributing to the commission of the crime.

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 COUNT TWO

THE ELDERS WERE ALSO CIVILIANS

1. There are members of the Council of Elders in an apartment building in Heron,

Mordor and intelligence also revealed that ten families lived in the building.12 Under Article
8(2)(e)(i), civilians not taking direct part in hostilities may not be intentionally made the direct
object of the attack. Therefore, it must be raised whether or not the Elders are characterized as
civilians or a hostile party.13

2. The term “civilian” is defined negatively as anyone who is not a member of the armed
forces or of an organized military group belonging to party to the conflict.14 On the other hand,
to take a “direct” part in hostilities means acts of war which by nature of purpose are likely to
cause harm to the personnel or material of the enemy armed forces.15 In case of doubt whether a
person is a civilian, that person is considered a civilian.16

1. The Council comprises a select group of highly respected senior men and women who are
regarded as the custodians of Umber history and culture. Their advice is sought on all key issues
and policies, and Umberians view them as the true leaders of their community. 17 Thus, there is
no evidence that the elders performed anything but a titular function.

__________________________________________________________________________
12 Fact ¶ 17
13 Elements of Crime, Article 8(2)(e)(i)
14 Prosecutor v Galic (2003), IT-98-29-T, ¶47; Article 50 of Additional Protocol 1
15 Ibid ¶48
16 Additional Protocol I, Article 50(I)
17 Fact ¶ 3

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THE DEFENDANT IS LIABLE UNDER ARTICLE 25(3)(b)
“It provides that a person shall be criminally responsible and liable for punishment for a
crime within the jurisdiction of the Court if that person orders, solicits or induces the commission
of such a crime which in fact occurs or is attempted.18
All elements are met when General Bilbo Baggins ordered two strikes on the building and
at the apartment block consecutively. More importantly, she was also aware that there were
civilians in the area and intended to kill them when she ordered a second attack immediately. 19
The Defendant being the Chief of the Defense Staff was aware of the circumstances of the scene
even if she was not physically present.

______________________________________________________________
18 Fact ¶ 17
19 Ibid.

COUNT THREE

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ARTICLE 8 (2)(B)(XIX) PROHIBITION IN THE EMPLOYMENT OF BULLETS THAT
EXPAND OR FLATTEN EASILY IN THE HUMAN BODY

1. As clearly stated in Article 8(2)(b)(xix) of Rome Statute provisions, employing expand or

flatten easily in the human body is one of the acts which constitute war crime20. In this case,
on 11 October, six militants were killed and four seriously injured including three civilians
who were caught in the cross fire were also injured during an assault instituted by the GAF,
led by General Baggins. As evidenced by forensic reports, the cause of death of the six
militants killed indicated that they were wounded by firearms using expanding bullets.
Moreover, the hospital treating the three civilians, through its spokesperson, confirmed that
one of the civilians – who later died of his injuries – had also been wounded by expanding
bullets21.

2. Under the circumstances the use of the said weapon is inhuman or if not too much if the only
purpose is to defeat the Umber’s Counsel of Elders who were treated as terrorists. Under the
Geneva convention, even in times of war rules laid down therein should be followed such as
weapons to be used22. As it was clearly stated that persons hors de combat and those who do
not take a direct part in hostilities are entitled to respect for their lives and their moral and
physical integrity. They shall in all circumstances be protected and treated humanely without
adverse distinction23.

__________________________
20 Rome Statue Article 8(2)(b)(xix)

21 Fact 21

22 Fact 22

23 1949 Geneva Convention

THE DEFENDANT ORDERED THE ATTACKS AND FACILITATED THE CRIMES
THROUGH THE EMPLOYMENT OF EXPANDING BULLETS TO THE COUNCIL OF
ELDERS AND SOME CIVILIANS UNDER ARTICLE 25(3)(C)

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3. The provisions on Article 25(3)(C) provides that any person shall bear responsibility where
for the purpose of facilitating the commission of a crime, aiding, abetting, or otherwise
assisting in the commission of the war crime of employing arms, projectiles, or material
calculated to cause unnecessary suffering, notably bullets which expand or flatten easily in
the human body24.

4. General Baggins by entered in a military cooperation with Rohan for a newly developed
modular pistol , the latter aided in the employment of such ammunition during the search and
sweep operations. Therefore, it is logical to presume that the employment of bullets which
expand or flatten easily in the human body was with the knowledge and permission of
Baggins25.

__________________________
24 Rome Statue Article 25(3)(C)

25 Fact 6

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 PRAYER FOR RELIEF

The prosecution respectfully submits that there are substantial grounds to believe that the
Defendant is liabe under Articles 8(2)(c)(i) / 8(2)(e)(iv); Article 8 (2)(e)(i); and Article
8(2)(b)(xix) of Rome Statute, with individual criminal liability under Article 7(1)(k)
Article 7(1)(a); Article 25(3)(b); and Article 25i3 ic of the Rome Statute.

RESPECTFULLY SUBMITTED,
COUNSELS FOR PROSECUTOR

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